COI Art. 226 – High Court as such has gone beyond the scope and ambit of the proceedings before it , has exceeded in its jurisdiction.

Constitution of India, Art. 226  –  writ filed interim order of the DRAT not granting stay from auction – Challenge was regarding non­grant of any interim relief pending the appeal before the DRAT – Main appeal was yet to be considered by the DRAT on merits – High Court, appears to have decided and disposed of the writ petition as if the High Court was considering the final decision of the DRAT – Therefore, the High Court as such has gone beyond the scope and ambit of the proceedings before it and has as such made the proceedings before the DRAT infructuous, as after the impugned judgment and order nothing further is required to be decided by the DRAT –  Therefore, the High Court has exceeded in its jurisdiction by passing the impugned judgment and order.

2022 SCeJ 0299